Protect Whistleblower LEOs from Retaliation.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 548

Short Title: Protect Whistleblower LEOs from Retaliation. (Public)
Sponsors: Senators Hanig, Alexander, and Johnson (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S548-v-1*
A BILL TO BE ENTITLED 1
AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT 2
REPORT THE USE OF EXCESSIVE FORCE OR OTHER IMPROPER OR UNLAWFUL 3
ACTIVITY. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 15A-401 reads as rewritten: 6
"§ 15A-401. Arrest by law-enforcement officer. 7
… 8
(d1) Duty to Intervene and Report Excessive Use of Force. – A law enforcement officer, 9
while in the line of duty, who observes another law enforcement officer use force against another 10
person that the observing officer reasonably believes exceeds the amount of force authorized by 11
subsection (d) of this section and who possesses a reasonable opportunity to intervene, shall, if 12
it is safe to do so, attempt to intervene to prevent the use of excessive force. Addi tionally, the 13
observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter, 14
report what the officer reasonably believes to be an unauthorized use of force to a superior law 15
enforcement officer within the agency of the observing officer, even if the observing officer did 16
not have a reasonable opportunity to intervene. If the head of the law enforcement agency of the 17
observing officer was involved or present during what the observing officer reasonably believes 18
to be unauthorized use of force, the observing officer shall make the report to the highest ranking 19
law enforcement officer of that officer's agency who was not involved in or present during the 20
use of force. 21
Making a knowingly false report under this subsection shall be a Class 2 misdemeanor. 22
(d2) Protection from Retaliation. – The observing officer report ing an alleged 23
unauthorized use of force pursuant to subsection (d1) of this section shall not be terminated, 24
disciplined, or otherwise retaliated against for making that report, provided that n othing in this 25
subsection shall prohibit councils, supervisors, department heads, or other appropriate authorities 26
from taking disciplinary action against the observing officer for conduct that occurred prior to 27
making the report. 28
…." 29
SECTION 2. Article 1 of Chapter 17C of the General Statutes is amended by adding 30
a new section to read: 31
"§ 17C-17. Duty to intervene and report certain conduct; protection from retaliation. 32
(a) No public employer shall retaliate against a criminal justice officer for disclosing a 33
violation of or noncompliance with a law, rule, or regulation to a supervisor or government 34
agency. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 548-First Edition
(b) Employees' protected reporting under this section does not exempt an employee from 1
adherence to laws, rules, or regulat ions. The employer retains the right to investigate and take 2
appropriate disciplinary action, up to and concluding termination, for any policy violation, 3
misconduct, or performance issue, regardless of whether the employee has filed a protected 4
disclosure under this section. Any such disciplinary action shall be based on and consistent with 5
the law and the agency 's rules and regulations and shall not be influenced by the employee 's 6
protected disclosure. 7
(c) Making a knowingly false report under this section shall be a Class 2 misdemeanor." 8
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 9
committed and retaliatory actions taken on or after that date. 10